Arbitration Practice in Construction ContractsRoutledge, 2. sept 2003 - 232 pages Considers each stage in the course of an arbitration in detail, from the claimant's decision to seek the means of resolving a dispute to the arbitrator's award, explaining clearly and concisely what is expected of the claimant, respondent and arbitrator and when. |
From inside the book
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... serving under him as Chairman of the Institute . It would be difficult indeed to find anyone better qualified to write a Foreword for this book , and I am delighted and honoured that Lord Goff agreed to do so . It is an added bonus that ...
... serving under him as Chairman of the Institute . It would be difficult indeed to find anyone better qualified to write a Foreword for this book , and I am delighted and honoured that Lord Goff agreed to do so . It is an added bonus that ...
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... served its purpose . Being of an introductory nature this small volume does not attempt to deal with the complexities of the law or with procedural difficulties that sometimes arise during the course of a reference . For such matters ...
... served its purpose . Being of an introductory nature this small volume does not attempt to deal with the complexities of the law or with procedural difficulties that sometimes arise during the course of a reference . For such matters ...
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... served by one party on the other ; after which either party may , within 28 days , serve on the other a notice requiring the dispute to be considered under the ICE Conciliation Procedure . Alternatively the Notice of Dispute may ...
... served by one party on the other ; after which either party may , within 28 days , serve on the other a notice requiring the dispute to be considered under the ICE Conciliation Procedure . Alternatively the Notice of Dispute may ...
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... serving upon the other a written notice to concur in the appointment of an arbitrator , for the arbitrator to be appointed by the President or a Vice - President of the RIBA . The 1980 editions of the JCT Form introduce a new ...
... serving upon the other a written notice to concur in the appointment of an arbitrator , for the arbitrator to be appointed by the President or a Vice - President of the RIBA . The 1980 editions of the JCT Form introduce a new ...
Page 23
... served by waiting , the arbitrator must adjourn the hearing to a later date , and must serve a peremptory notice , as above , of the adjourned hearing . In either situation an arbitrator conducting an ex parte hearing has a duty to ...
... served by waiting , the arbitrator must adjourn the hearing to a later date , and must serve a peremptory notice , as above , of the adjourned hearing . In either situation an arbitrator conducting an ex parte hearing has a duty to ...
Contents
The award | 56 |
Types of award | 59 |
Format of the award | 61 |
Interest | 65 |
Publication of the award | 66 |
Costs | 67 |
Responsibility for cost | 68 |
Offers to settle | 69 |
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Power to revise engineers decisions | 25 |
Appointment of the arbitrator | 26 |
Qualifications of the arbitrator | 27 |
Terms of the appointment | 28 |
Supplying vacancies | 29 |
Preliminaries | 31 |
The preliminary meeting | 32 |
Pleadings | 33 |
Amendments of pleadings | 35 |
The Scott Schedule | 36 |
Privilege | 37 |
Transcript of the hearing | 39 |
Conduct of interlocutory stages | 40 |
Liberty to apply | 41 |
Small claims | 42 |
Evidence | 43 |
Admissibility of evidence | 46 |
Proofs of evidence | 47 |
Burden and standard of proff | 48 |
The hearing | 49 |
Courtesy | 50 |
Procedure | 51 |
Failure to award cost | 71 |
Avoiding unnecessary taxation | 73 |
Cost of the award | 74 |
Finality of the award enforcement appeals | 75 |
Amendments to deal with costs | 76 |
Reasoned awards | 78 |
The contractor as claimant | 81 |
The acceptance | 83 |
Letters of intent | 84 |
The construction period | 85 |
Claims | 86 |
Disputes | 87 |
Selection of the arbitrator | 89 |
The preliminaries | 90 |
The hearing | 92 |
Request for reasoned award | 93 |
Upsetting the award | 94 |
Specimen documents | 95 |
The Arbitration Act 1950 | 142 |
Arbitration Act 1975 | 173 |
Arbitration Act 1979 | 178 |
The Rules of the Supreme Court Amendment No 3 1979 | 188 |
The Arbitration Act 1979 Commencement Order 1979 | 194 |
Interest tables | 196 |
Flow chart | 203 |
Bibliography | 205 |
Table of Cases | 207 |
Index | 209 |
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Common terms and phrases
acceptance accordance action additional agreed allegation amended amount appeal application appointment Arbitration Act arbitration agreement arbitrator or umpire arbitrator's arising authority award Chapter Civil Engineers claim Claimant Clause commencement completion construction continued contract contractor Convention copy costs counsel Counterclaim course deal decision Defence delay determine directions dispute documents effect enforcement ensure entitled event evidence example expert extension fact fails fees final further give given hearing High Court ICE Conditions incurred Institution intention interest interim issues judge knowledge leave letter Limited matters means meeting month namely necessary notice offer otherwise paragraph parties payment period person pleadings Points possible preliminary prepared present President procedure proceedings provision question question of law reasons reference relation relevant represented request respect respondent rules Schedule served submission submitted tender unless usually valid witness writing